Bobby was a 10-year old boy. Machco is a company that sells…
Bobby was a 10-year old boy. Machco is a company that sells new and used machinery. Machco stored discarded machinery, pending sale for scrap, on a large vacant area it owned. The area was unfenced and was one-quarter mile away from a residential housing tract where Bobby lived. Machco knew that children frequently played in the area and on the machinery. Bobby’s parents had told him not to play in the area or on the old machinery because they considered it unsafe. One day, Bobby was playing on a press in Machco’s storage area. The press had several wheels that were geared to each other. Bobby climbed up on the largest wheel on the press which was about five feet in diameter. Bobby’s body weight caused the wheel to turn. As a result Bobby’s foot was caught between two wheels that were thus set into motion and he was severely injured. A claim was asserted by Bobby through his duly appointed guardian ad litem against Machco. Machco denied liability and pleaded Bobby’s contributory negligence as a defense. In determining whether Machco breached a duty to Bobby, which of the following is most significant?
Read DetailsDerek had tried to date Penny. However, he had been repeate…
Derek had tried to date Penny. However, he had been repeatedly rebuffed by her. Penny had recently announced her engagement to Martin. Angered by the engagement announcement, Derek sent the following letter to Penny: “I hope you know what you are doing. The man you think you love wears women’s clothes when at home. Signed, A Friend.” The receipt of this letter caused Penny great emotional distress. She hysterically telephoned Martin, read him the letter, and told him that she was breaking their engagement. The content of the letter was not revealed to anyone else. Martin was a young attorney in the state attorney’s office. He suffered serious emotional humiliation and emotional distress as a result of the broken engagement. If Martin asserts a claim against Derek based on defamation, and it is proven that Derek’s statement was true, such proof will be:
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